Decision And Dissent
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| Author | : Mark Tushnet |
| Publisher | : Beacon Press |
| Total Pages | : 260 |
| Release | : 2008-06-01 |
| Genre | : Law |
| ISBN | : 9780807000366 |
For the first time, a collection of dissents from the most famous Supreme Court cases If American history can truly be traced through the majority decisions in landmark Supreme Court cases, then what about the dissenting opinions? In issues of race, gender, privacy, workers' rights, and more, would advances have been impeded or failures rectified if the dissenting opinions were in fact the majority opinions? In offering thirteen famous dissents-from Marbury v. Madison and Brown v. Board of Education to Griswold v. Connecticut and Lawrence v. Texas, each edited with the judges' eloquence preserved-renowned Supreme Court scholar Mark Tushnet reminds us that court decisions are not pronouncements issued by the utterly objective, they are in fact political statements from highly intelligent but partisan people. Tushnet introduces readers to the very concept of dissent in the courts and then provides useful context for each case, filling in gaps in the Court's history and providing an overview of the issues at stake. After each case, he considers the impact the dissenting opinion would have had, if it had been the majority decision. Lively and accessible, I Dissent offers a radically fresh view of the judiciary in a collection that is essential reading for anyone interested in American history.
| Author | : Melvin I. Urofsky |
| Publisher | : Vintage |
| Total Pages | : 545 |
| Release | : 2015-10-13 |
| Genre | : Law |
| ISBN | : 110187063X |
“Highly illuminating ... for anyone interested in the Constitution, the Supreme Court, and the American democracy, lawyer and layperson alike." —The Los Angeles Review of Books In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court’s long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court’s majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean before fashioning subsequent decisions—largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous and now overturned case of Dred Scott v. Sandford (1857) during which Chief Justice Roger Taney’s opinion upheld slavery and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so.
| Author | : Ruth Bader Ginsburg |
| Publisher | : Simon and Schuster |
| Total Pages | : 428 |
| Release | : 2022-07-19 |
| Genre | : Political Science |
| ISBN | : 166720114X |
A collection of key dissenting and majority opinions from U.S. Supreme Court justice Ruth Bader Ginsburg. During her 27 years as an associate justice on the U.S. Supreme Court, Ruth Bader Ginsburg became well known for her strongly worded dissenting opinions against the decisions of the conservative majority. Ginsburg was a fierce supporter of women’s rights whose personal experiences helped shape her into a feminist icon who employed logical, well-presented arguments to show that gender discrimination was harmful to all members of society. Ruth Bader Ginsburg Dissents features 15 legal opinions and briefs, including majority and dissenting opinions that Ginsburg drafted during her time on the U.S. Supreme Court and briefs from her career before she was appointed to the court in 1993.
| Author | : H. W. A. Thirlway |
| Publisher | : Oxford University Press |
| Total Pages | : 241 |
| Release | : 2016 |
| Genre | : Law |
| ISBN | : 0198779070 |
An easily accessible and comprehensive study of the International Court of Justice, this book succinctly explains all aspects of the world's most important court, including an overview of its composition and operation, jurisdiction, procedure, and the nature and impact of its judgments.
| Author | : Virginia A. Hettinger |
| Publisher | : University of Virginia Press |
| Total Pages | : 172 |
| Release | : 2006 |
| Genre | : Law |
| ISBN | : 9780813926971 |
Focusing on the behavioral aspects of disagreement within a panel and between the levels of the federal judicial hierarchy, the authors reveal the impact of individual attitudes or preferences on judicial decision-making, and hence on political divisions in the broader society.
| Author | : Antonin Scalia |
| Publisher | : Simon and Schuster |
| Total Pages | : 321 |
| Release | : 2012-04-01 |
| Genre | : Biography & Autobiography |
| ISBN | : 1596987006 |
Brilliant. Colorful. Visionary. Tenacious. Witty. Since his appointment to the Supreme Court in 1986, Associate Justice Antonin Scalia has been described as all of these things and for good reason. He is perhaps the best-known justice on the Supreme Court today and certainly the most controversial. Yet most Americans have probably not read even one of his several hundred Supreme Court opinions. In Scalia Dissents, Kevin Ring, former counsel to the U.S. Senate's Constitution Subcommittee, lets Justice Scalia speak for himself. This volume—the first of its kind— showcases the quotable justice's take on many of today's most contentious constitutional debates. Scalia Dissentscontains over a dozen of the justice's most compelling and controversial opinions. Ring also provides helpful background on the opinions and a primer on Justice Scalia's judicial philosophy. Scalia Dissents is the perfect book for readers who love scintillating prose and penetrating insight on the most important constitutional issues of our time.
| Author | : Carl Solberg |
| Publisher | : US Naval Institute Press |
| Total Pages | : 224 |
| Release | : 1995 |
| Genre | : Biography & Autobiography |
| ISBN | : |
The author served in the Pacific in 1944 as an air combat intelligence officer on Admiral William F. Halsey's flagship, New Jersey, as three Japanese fleets converged on the Philippines for one of the largest naval battles of WWII. He recalls the battles and events leading up to Halsey's fateful decision to send Task Force 34 north, and traces the development of air combat intelligence units in the US Navy. Includes bandw photos. Annotation copyright by Book News, Inc., Portland, OR
| Author | : Debbie Levy |
| Publisher | : Simon and Schuster |
| Total Pages | : 42 |
| Release | : 2016-09-20 |
| Genre | : Juvenile Nonfiction |
| ISBN | : 1481465600 |
Get to know celebrated Supreme Court justice Ruth Bader Ginsburg—in the first picture book about her life—as she proves that disagreeing does not make you disagreeable! Supreme Court justice Ruth Bader Ginsburg has spent a lifetime disagreeing: disagreeing with inequality, arguing against unfair treatment, and standing up for what’s right for people everywhere. This biographical picture book about the Notorious RBG, tells the justice’s story through the lens of her many famous dissents, or disagreements.
| Author | : Neil Duxbury |
| Publisher | : Cambridge University Press |
| Total Pages | : 513 |
| Release | : 2021-08-12 |
| Genre | : Law |
| ISBN | : 1108898815 |
Common-law judgments tend to be more than merely judgments, for judges often make pronouncements that they need not have made had they kept strictly to the task in hand. Why do they do this? The Intricacies of Dicta and Dissent examines two such types of pronouncement, obiter dicta and dissenting opinions, primarily as aspects of English case law. Neil Duxbury shows that both of these phenomena have complex histories, have been put to a variety of uses, and are not amenable to being straightforwardly categorized as secondary sources of law. This innovative and unusual study casts new light on – and will prompt lawyers to pose fresh questions about – the common law tradition and the nature of judicial decision-making.
| Author | : Cornell W. Clayton |
| Publisher | : University of Chicago Press |
| Total Pages | : 368 |
| Release | : 1999 |
| Genre | : Law |
| ISBN | : 9780226109541 |
What influences decisions of the U.S. Supreme Court? For decades social scientists focused on the ideology of individual justices. Supreme Court Decision Making moves beyond this focus by exploring how justices are influenced by the distinctive features of courts as institutions and their place in the political system. Drawing on interpretive-historical institutionalism as well as rational choice theory, a group of leading scholars consider such factors as the influence of jurisprudence, the unique characteristics of supreme courts, the dynamics of coalition building, and the effects of social movements. The volume's distinguished contributors and broad range make it essential reading for those interested either in the Supreme Court or the nature of institutional politics. Original essays contributed by Lawrence Baum, Paul Brace, Elizabeth Bussiere, Cornell Clayton, Sue Davis, Charles Epp, Lee Epstein, Howard Gillman, Melinda Gann Hall, Ronald Kahn, Jack Knight, Forrest Maltzman, David O'Brien, Jeffrey Segal, Charles Sheldon, James Spriggs II, and Paul Wahlbeck.
